DIANE’S MENTORS & HEROES

All of these amazing attorneys have impacted my life, each in their own way.

Every one of these lawyers is the ultimate professional and a person all attorneys should try to emulate.

Abraham Lincoln sparked my willingness to speak of for those who did not have a voice, even if that meant sacrificing your life.

Ruth Bader Ginsberg inspired me to never take ‘no’ for an answer if the answer should be ‘yes’.  She also taught me that a great marriage is a true partnership.

John P. Frank was instrumental in my admittance to law school.  He also taught me that volunteering is every attorneys obligation.

Daniel J. McAuliffe taught me that an attorney can be a fierce litigator and a wonderful person.  He also taught me the importance of teaching.

Ruth V. McGregor taught me that a female attorney can also be a lady, a brilliant lawyer and have a wicked sense of humor.

Stanley G. Feldman taught me the importance of using your position and/or power in order to make sure the law does not ignore the layman in lieu of those who can afford expensive attorneys.

John “Jack” Hebert taught me to be willing to challenge a bad judicial decision.  He also taught me to help other attorneys who find themselves in difficult situations, even if it costs me time and effort.

James F. Kahn taught me the importance of being a friend and mentor to my fellow attorneys.  He always takes calls from attorneys who need guidance, even those he does not know personally.  He also has a wonderful sense of humor.

ABRAHAM LINCOLN

United States’ 16th President in 1861, issuing the Emancipation Proclamation that declared forever free those slaves within the Confederacy in 1863.

Lincoln

Abraham Lincoln was an American statesman and lawyer who served as the 16th President of the United States from March 1861 until his assassination in April 1865. Lincoln led the United States through the American Civil War—its bloodiest war and perhaps its greatest moral, constitutional, and political crisis. In doing so, he preserved the Union, abolished slavery, strengthened the federal government, and modernized the economy.

Much has been written about Mr. Lincoln, but few know about his commitment to keeping the law simple for everyone. Here is a quote: “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”
The Collected Works of Abraham Lincoln edited by Roy P. Basler, Volume II, “Notes for a Law Lecture” (July 1, 1850?), p. 81.

Lincoln warned the South in his Inaugural Address: “In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you…. You have no oath registered in Heaven to destroy the government, while I shall have the most solemn one to preserve, protect and defend it.”

Lincoln thought secession illegal, and was willing to use force to defend Federal law and the Union. When Confederate batteries fired on Fort Sumter and forced its surrender, he called on the states for 75,000 volunteers. Four more slave states joined the Confederacy but four remained within the Union. The Civil War had begun.

The son of a Kentucky frontiersman, Lincoln had to struggle for a living and for learning. Read more: https://www.whitehouse.gov/about-the-white-house/presidents/abraham-lincoln/

RUTH BADER GINSBERG

Appointed to the U.S. Supreme Court in 1993 by President Bill Clinton, confirmed by the Senate with a vote of 96-3. “My mother told me two things constantly. One was to be a lady, and the other was to be independent.”

Ruth Bader Ginsberg

Ruth Bader Ginsburg’s life was set in motion by her mother, Celia Amster Bader, whose intellect inspired her daughter’s feminism, insisting that Ruth become independent, as she witnessed her mother coping with terminal cervical cancer (Celia died the day before Ruth, at seventeen, graduated from high school). Justice Ginsberg has a distinguished career as a law professor, appellate advocate, judge, and justice, arguably having done more to move our law in the direction of gender equality than any living person.

Reprinted from Oyez.org

Ruth Bader Ginsburg spent a lifetime flourishing in the face of adversity before being appointed a Supreme Court justice, where she successfully fought against gender discrimination and unified the liberal block of the court. She was born Ruth Bader on March 15, 1933 in Brooklyn, New York. Her father was a furrier in the height of the Great Depression, and her mother worked in a garment factory. Ginsburg’s mother instilled a love of education in Ginsburg through her dedication to her brother; foregoing her own education to finance her brother’s college expenses. Her mother heavily influenced her early life and watched Ginsburg excel at James Madison High School, but was diagnosed with cancer and died the day before Ginsburg’s high school graduation. Ginsburg’s success in academia continued throughout her years at Cornell University, where she graduated at the top of her class in 1954. That same year, Ruth Bader became Ruth Bader Ginsburg after marrying her husband Martin, who was a first-year law student at Cornell when they met. After graduation, she put her education on hold to start a family. She had her first child in 1954, shortly after her husband was drafted for two years of military service. Upon her husband’s return from his service, Ginsburg enrolled at Harvard Law.

Ruth Bader Ginsberg

Ginsburg’s personal struggles neither decreased in intensity nor deterred her in any way from reaching and exceeding her academic goals, even when her husband was diagnosed with testicular cancer in 1956, during her first year of law school. Ginsburg took on the challenge of keeping her sick husband up-to-date with his studies while maintaining her own position at the top of the class. At Harvard, Ginsburg tackled the challenges of motherhood and of a male-dominated school where she was one of nine females in a 500-person class. She faced gender-based discrimination from even the highest authorities there, who chastised her for taking a man’s spot at Harvard Law. She served as the first female member of the Harvard Law Review. Her husband recovered from cancer, graduated from Harvard, and moved to New York City to accept a position at a law firm there. Ruth Bader Ginsburg had one more year of law school left, so she transferred to Columbia Law School and served on their law review as well. She graduated first in her class at Columbia Law in 1959.

Even her exceptional academic record was not enough to shield her from the gender-based discrimination women faced in the workplace in the 1960s. She had difficulties finding a job until a favorite Columbia professor explicitly refused to recommend any other graduates before U.S. District Judge Edmund L. Palmieri hired Ginsburg as a clerk. Ginsburg clerked under Judge Palmieri for two years. After this, she was offered some jobs at law firms, but always at a much lower salary than her male counterparts. She became the first female professor at Columbia to earn tenure. Ginsburg also directed the influential Women’s Rights Project of the American Civil Liberties Union during the 1970s. In this position, she led the fight against gender discrimination and successfully argued six landmark cases before the U.S. Supreme Court. Ginsburg took a broad look at gender discrimination, fighting not just for the women left behind, but for the men who were discriminated against as well. Ginsburg experienced her share of gender discrimination, even going so far as to hide her pregnancy from her Rutgers colleagues. Ginsburg accepted Jimmy Carter’s appointment to the U.S. Court of Appeals for the District of Columbia in 1980. She served on the court for thirteen years until 1993, when Bill Clinton appointed her to the Supreme Court of the United States.

Read more…

JOHN P. FRANK

(reprinted from Lewis and Roca, Mr Frank’s law firm in Phoenix)

John P. Frank, Partner at the Phoenix firm of Lewis and Roca

Education: Yale Law School, J.S.D., 1947
University of Wisconsin, LL.B., 1940
University of Wisconsin, M.A., 1940
University of Wisconsin, B.A., 1938

Admitted in: Arizona and Wisconsin

mentor

John P. Frank

Mr. Frank passed away on September 7, 2002. He was a partner in Lewis & Roca’s Commercial Litigation Group. His extensive experience included appeals, civil litigation and antitrust. Prior to joining the firm in 1954, Mr. Frank served as Law Clerk to Mr. Justice Hugo L. Black during the October 1942 term of the United States Supreme Court. He also was Assistant Professor of Law at Indiana University from 1946-49 and Associate Professor of Law at Yale University from 1949-54 and during that time was associated with the Antitrust Division of the United States Department of Justice.

-John P. Frank, Arizona attorney

Rules according to Frank: “be kind, always do your best and live life big!”

“The ethics of our profession call upon us to do what we can for the improvement of the law and the system, as well as for the public service in general”.

A tireless advocate for justice for all. “He played a pivotal role in ending gender discrimination in Phoenix law firms” says Jose Cardenas.

Mr. Frank was involved in more than 500 appeals in his years with the firm. These include many cases at the Arizona Court of Appeals, the Arizona Supreme Court, the Ninth Circuit Court of Appeals, other federal circuits, and the United States Supreme Court. A more notable appeal concerned the premium required to be paid by physicians at a medical school for malpractice insurance and resulted in client savings of over seven million dollars. He continued to be active in state trial courts and federal district courts, where he represented the motion picture industry in antitrust litigation, represented a newspaper on antitrust and contract issues, and recently represented an air tanker contractor in federal district court litigation on an issue of whether certain planes were properly acquired.

Mr. Frank was frequently called upon for opinions, as for example, the water rights of an Arizona Indian tribe. His professional work was entirely occupied with litigation in a variety of forums, in legal matters either in anticipation of litigation or seeking to avoid litigation.

Professional Activities

From 1960-70, Mr. Frank was a member of the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States and continues to meet regularly with it; a member of the Arizona Salary Commission from 1970-82; and a member of the Arizona Appellate Court Nominating Committee from 1972-84 and chairman of the nominating commission for the U.S. Court of Appeals, 9th Circuit (Southern) from 1977-1980.

He was a Director of the Alliance for Justice (headquartered in Washington, D.C.) and past Chairman of the Senior Advisory Board for the Ninth Circuit of Appeals. A former board member of the Phoenix Art Museum, he was very active in pro bono litigation.

Publications

Mr. Frank wrote 11 books on legal history and constitutional law. His publications include: Cases and Materials on Constitutional Law, Callaghan & Co.; Cases on the Constitution, McGraw-Hill; Mr. Justice Black, Alfred A. Knopf, Inc.; Marble Palace, The Supreme Court in American Life, Alfred A. Knopf, Inc.; Lincoln as a Lawyer, University of Illinois Press; Justice Daniel Dissenting, Harvard University Press; The Warren Court, The MacMillan Co.; American Law: The Case for Radical Reform, The MacMillan Co.; Clement Haynsworth, The Senate, and The Supreme Court, The University Press of Virginia. He was a frequent publisher of articles in numerous publications.

Special Recognitions

He was Order of the Coif and was a recipient of the Harley Award in 1984. In 1997, he received the Lewis F. Powell, Jr. Award from the American Inns of Court Foundation in a ceremony in the Supreme Court chamber of the United States Supreme Court.

In 1992, Mr. Frank was the recipient of the University of Wisconsin Law School’s Distinguished Service Award and the Arizona Bar Foundation’s Walter E. Craig Distinguished Service Award for outstanding contributions to the field of law. He had honorary doctorates from Lawrence University and Arizona State University.

Mr. Frank was listed in the current edition of “100 Most Influential Lawyers in America.” For five consecutive years, he made “National Law Journal’s” list of The Best Lawyers in America 1999-2000®, Copyright 1999 by Woodward/White, Aiken, SC. Mr. Frank was rated by Martindale-Hubbell as a “Preeminent Attorney.”

Bar Affiliations

Mr. Frank was a member of the Maricopa County Bar Association, the State Bar of Arizona and the American Judicature Society. He served on the Council of the American Law Institute and was a Fellow of the American Bar Foundation.

DANIEL J. MCAULIFFE

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One of the nicest, hard nosed attorneys on earth.

Daniel J. McAuliffe, attorney and educator extraordinaire

Dan speaking about his firm – Snell and Wilmer – I’ve seen too many young lawyers elsewhere who are told to do things that are just wrong, unethical. That won’t happen here. It’s the legacy of Mark Wilmer. I like to think it’s the legacy of me and John Bouma and a bunch of others. We instill that from the day you start here. We have zero tolerance for unethical behavior.

Just a few of Dan’s Professional associations:

State Bar of Arizona President (2007)
Second Vice President (2004)
Board of Governors (1991-1993; 2002-2003)
Civil Practice and Procedure Committee (Chairman, 1984-1991)
Member of the Year Award (1991)
Professionalism Course Committee, Chair (1994-present)
Appellate Practice Section, Executive Council (1995-present)
Task Force on Technology (1995-present)
American Bar Association
State Bar of California
Federal Bar Association
American Judicature Society
American Law Institute

Other Professional Experience

United States Department of Justice, Deputy Assistant Attorney General, Washington, DC (1971-1973)
United States Department of Justice, Trial Attorney, Washington, DC (1969-1971)

Representative Presentations & Publications

  • Arizona Practice, Civil Trial Practice, Co-Author, West Group (January 2002)
  • Arizona Legal Ethics Handbook, Author, State Bar of Arizona (May 2000)
  • Arizona Civil Rules Handbook, Author, West Publishing Company (November 1993 and subsequent annual editions)
  • Arizona Legal Forms Civil Procedure, Vols. 1 & 2, Editor, West Publishing Company

Who is Dan and what is his history?

See article published by the during the time that Dan was the President of the State Bar of Arizona.

Dan was of the rare few large firm attorneys (Snell & Wilmer) who aggressively championed the cause of women and small firm lawyers. He battled a very painful form of cancer (multiple myeloma, a cancer of the white blood cells) while continuing his commitment to that Bar; including acting as President of the State Bar. Dan was a prolific legal author and great trial attorney. Dan’s lifelong commitment to quality CLE is evidenced by the fact that the State Bar named our CLE room in his honor.

Our profession will solely miss Dan’s indomitable will, high energy, wonderful sense of humor and tireless commitment to the legal profession.


The angels will have quite a challenge with Dan – I wish I could be a fly on the wall for those conversations. I will miss a very good friend and mentor. Diane L. Drain

STANLEY G. FELDMAN

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Stanley G. Feldman

Stanley G. Feldman

EDUCATION:

-LLB from University of Arizona College of Law, 1956
-University of Arizona
-University of California at Los Angeles
-Tucson High School
-Tucson Public Schools

PROFESSIONAL EXPERIENCE:

-Chief Justice of Arizona Supreme Court – January 1992 to January 1997
-Appointed as Justice of Arizona Supreme Court – January 20, 1982
-Partner in law firm of Miller, Pitt & Feldman, P.C. – 1968 to 1982
-Member of faculty, University of Arizona College of Law (instructor, lecturer, and adjunct professor) – 1968 to 1976
-Admitted to State Bar of Arizona – 1956

I gave the law a sensible construction that reflects not only what we would like to do but what the realities are.

Reprinted from Arizona Attorney Magazine, 14 ARIZONA ATTORNEY FEBRUARY 2004, by Jodi Weisberg.

Although he is one of only a few justices who have served 20 plus years on the Arizona Supreme Court, Stanley Feldman doesn’t see it as that great an accomplishment. “I was on the ballot every six years and unopposed. So what’s the big deal about being on the Court for 20 years?” he asks. But his long tenure on the Court has been a “big deal” to lawyers, academics— and the people of Arizona.

During his years on the Court, Feldman grappled with issues ranging from the death penalty to water law to consumer protection. “As a pragmatic matter, I think the death penalty is a waste of resources. I don’t think it deterred anybody in the cases we see. I also think it is a terrible burden for victims because these cases go on for years, and there is no closure.”

Justice Feldman has done more than any other individual to protect the rights of consumers and preserve the letter and the spirit of the Arizona Constitution. He also has an incredible sense of wit and is able to take complex issues and make them clear and understandable.  Marty Soloman, Arizona attorney

He set a model for the court to make well thought-out decisions, and I think he is a hero for creating a really good Court,”  “He also has good common sense, which is disguised because he writes scholarly opinions. Professor Dan Dobbs, of the University of Arizona law school and author of the hornbook Law of Torts.

Stanley has always been outspoken about things he believes in, and he was quite vocal in talking about the justice system and ways to improve it,” says Zlaket. “That offended some people who did not want to give the judiciary its due. But Stanley never let criticism deter him from doing and saying what was right.” Former Chief Justice Tom Zlaket

Feldman says he hopes he will be remembered for contributing to the growth and change of the law, because the law needs to evolve as society changes. “I gave the law a sensible construction that reflects not only what we would like to do but what the realities are,” he says. “I hope attorneys perceived me as prepared, understanding of the issues, interested in reality and not just the abstract rules, and that my mind was open on the issues.”

RUTH V. MCGREGOR

Education:

University of Iowa, B.A. 1964, M.A. 1965;

Arizona State University, J.D. 1974;

University of Virginia, LL.M. 1998.

Experience: Teacher, Central High School, Phoenix, 1966-1967; Teacher, Selma, Alabama Public High School, 1968-1969

  • Chief Justice Ruth V. McGregor (Ret.) served on the Arizona Supreme Court from February 1998 until June 30, 2009, Chief Justice from June 2005 to 2009,
  • Arizona Court of Appeals from 1989 until 1998, Chief Judge from 1995 to 1997.
  •  Fennemore Craig law firm in Phoenix, Arizona.
  • Law clerk to Justice Sandra Day O’Connor. United States Supreme Court.
  • Board of Trustees for the American Inns of Court Foundation
  • National Association of Women Judges
  • Conference of Chief Justices
  • Legal Council of the American Bar Association Section of Legal Education and Admission to the Bar
  • Board of Directors of the Center for the Future of Arizona and of Justice at Stake
  • O’Connor Advisory Committee at IAALS.

A legal clinic at the Sandra Day O’Connor College of Law named the Ruth V. McGregor Family Protection Clinic.  “This clinic – named for one of Arizona’s champions of justice – will bring the force of the university to bear, in research and direct legal action, and rewrite the future for families in Arizona and across the country”, by Michael W. Crow, ASU President.

“Justice McGregor exemplifies all that is great about this law school, this state and the legal profession,” Sylvester said. “She has not only been a distinguished professional, she has committed her career to public service and advocating for social justice.  Douglas Sylvester, Interim Dean, the College of Law

“The students’ clinic experience will provide them with an understanding and appreciation for justice lawyering and how to effectuate change in the legal system,” Dahlstedt said. “There is no better role model for the students to follow than Justice McGregor.””Ruth McGregor has been active at multiple levels where justice is truly being served,” said Diane Halle, president of the Bruce T. Halle Family Foundation, whose vision helped found the Center. “Her active role in seeking out justice for women is aptly rewarded by this naming.”

Marilyn Seymann, CEO of the Bruce T. Halle Family Foundation, who helped bring the partnership together, said she was thrilled that the Clinic is being named for a woman.

“Ruth McGregor’s leadership in the area of justice is an inspiration,” Seymann said. “I like the fact that women, so affected by this issue, look up and they find leadership, by women, in honor of women.”

Sarah Buel, Faculty Director of the Diane Halle Center for Family Justice, said the Clinic will have a lasting effect.

“Students, through their experiences in this clinic, will go out into the world to become leaders in the fight against this deadly scourge on society,” Buel said. “They will build a legacy to justice in Ruth McGregor’s name.”

JOHN “JACK” HEBERT

A man of his word. One of the most caring attorneys I have ever known.

From the Polsinelli Shughart web site:

Some people define themselves by their careers alone; but Jack Hebert isn’t one of them. he understands work/life balance is important for true success in life. he has practiced law for 35 years as a top bankruptcy and financial restructuring attorney, and founded and managed two highly successful law firms.  Respected in his field by colleagues and clients, Hebert speaks regularly around the country and has been recognized by the Bankruptcy court.  These are fine accomplishments, but they are but one facet of the man. “Finding balance is difficult, but possible and really quite important to the job,” Hebert said. “my clients are usually in the middle of a crisis, facing difficult decisions. Being balanced myself helps me do a better job in assisting them.”
Hebert is no stranger to crisis. several years ago, he suffered the loss of a child, forcing him to face his commitment to career head-on. he took seven months leave from his firm and volunteered with Hospice of the Valley to honor the memory of his daughter, Kelly.  Joining Polsinelli Shughart has allowed Hebert to keep his commitment to Hospice of the Valley while maintaining a high profile legal practice. ensuring employees find balance for family, work and volunteer activities is an important part of the firm culture.
Jack was the rare lawyer whose word truly was his bond. Never played games, always just brilliant, honest and a joy to work with.  Richard Alcorn, Phoenix attorney

JAMES F. KAHN
A MAN WITH A HUGE HEART

mentor

One of the nicest man I know. Always there to help his fellow attorneys, even those he does not know.

He has been designated a Southwest Super Lawyer for 2007-2014 by Thomson Reuters. Jim has served as  Adjunct Professor of Law at  Arizona Summit School of Law 2007-2013.

Mr. Kahn concentrates his practice in the areas of Bankruptcy and Creditors’ & Debtors’ rights.  In 1988, he was certified as a Bankruptcy Specialist by the State Bar of Arizona, Board of Legal Specialization.  Mr. Kahn has served on numerous committees and regularly lectures in various educational programs on bankruptcy as well as Creditors’ and Debtors’ rights.  He served as Chairman of the Arizona State Bar Committee on Creditors’ and Debtors’ Rights and as Chairman of the Bankruptcy Section of the Arizona State Bar.  Mr. Kahn has served as a Judge Pro Tem of the Superior Court of Arizona since 1995.